Candidate Getting Threatened By Current Organization

Hello All,

I recruited a candidate a month ago, and his joining was due this month. However, he is unable to join my organization because his current organization is not relieving him and is forcing him to continue in his current job. They are threatening him that if he leaves his current organization, they will not provide him with his experience letter and other related documents.

What should I do in this case to get that employee relieved from his current organization and join my organization as soon as possible?

Hi Jyoti,

As an employer, we cannot do anything that is related to any person's previous job. This matter is between the employee and his/her present employer. Going forward, if the candidate really suits your job needs, you should discuss the matter and ask management whether you can employ him without those documents. It would be better if you declare those documents in the upcoming threads for our understanding. Also, let us know if those documents are the original ones.

Additionally, there may be negative feedback about that employee while you are inquiring from that organization. So, be prepared for that as well.

Thanks,
Ravinder Jangir

Hello Jyoti Narwal,

Further to what Ravinder Jangir mentioned, there are also a couple of other aspects you need to bear in mind - i.e., IF you really want him on board.

1] Do a thorough background check of this employee - NOT the regular stuff where you or the background check agency you hire to do the job calls the current company. Obviously, like Ravinder Jangir mentioned, you are sure to get negative feedback. While the situation you mentioned is not very uncommon, please also note that the candidate COULD be taking this route to cover up some of his own shortcomings, etc., where he could be at fault.

2] Another possibility COULD be that this candidate has dropped the thought/plan to join you... and what better than to give such a reason, where he can push the blame on others? I have seen BOTH possibilities being used by candidates - quite often until it was too late to go for new hirings.

All the Best.

Regards,
TS

Hi Jyoti,

In this case, it seems like the candidate does not want to join your organization. If you had recruited him a month before, he would have submitted his resignation and would be in the notice period. However, as you said, the company is not giving him a relieving letter, then they must have not accepted his resignation or he may not have submitted the resignation.

Anyway, if a relieving letter is not mandatory in your organization and you want that particular candidate to be onboarded, then you can ask him to put in his resignation over the official HR mail ID, mentioning his/her last date of working. You can take a print of that mail from his/her sent items and proceed with the joining formalities of that candidate.

Regards,
Ashutosh

Hi all,

If the above-mentioned candidate is telling the truth, why has he completed all formalities but the company is not providing experience and relieving letters, etc.? He may use facilities like RTI (Right to Information) to find out when the company will provide him with the same.

There are two points for discussion.

(1) Relieving letter, (2 ) Experience Certificate.

(1) Relieving letter - Relieving letter is given, when proper notice of resignation is given, by an employee, and completed the term of notice period, say one month, or three months etc.

Relieving letter is also required for new employer to confirm that person joining is not in double employment.

In the current matter, if any employer is not issuing Relieving letter, the concerned employee himself should write a letter/email to his ex-employer, on his last working day (after completion of notice period), stating that ‘today is my last working day, as per my notice of resignation, and from tomorrow I am not in the service of this Organisation’.

You can collect (1) acknowledged copy of his notice of resignation, and (2) copy of abovestated letter/email, submitted by employee, to his ex-employer, on his last working day.

(2) Experience Certificate – Since ex-employer is not willing to give such certificate, you can ask for his Original Appointment letter, issued by his ex-employer, which will justify his tenure of work with that organization.

Above suggestions are purely with a view, to enable Employer/ you, to allow the person to join your organization. From Employee’s point : Both the above documents are important documents for his personal file and for his future career.

Hello Seniors,

I have completed the verification process, and I am currently facing two major issues:
1) The current employee is unwilling to provide:
a) Relieving letter (the date of relieving of the candidate is being postponed repeatedly)
b) Experience Letter.
2) In the past, I have hired around 4-5 employees from the same organization, and most of them have faced similar issues.

Two more facts related to this case:
1) The candidate is a very sincere and dedicated person who truly wants to join us.
2) He had already sent his resignation via email to his current employer a month ago and is having regular meetings with them.

Thank you.

Hello Jyoti Narwal,

Things are a bit clearer now.

But it would have been clearer if you had mentioned the following aspects too:

1. How long did this candidate work with his present company?
2. You mentioned that 4-5 employees you hired from this company also had similar unpleasant experiences - how did you handle them?

Since you mentioned that this candidate is sincere and really wants to join you, is your company willing to waive off the relieving and experience letters in this case? If yes, then suggest taking a legal affidavit from him that any future legal complications with his present employer will be to his account and your company will be absolved of any participation and effect. This is not to say that your company will/should not get involved - it only gives your company the flexibility/option of choosing the course of action at that point in time - if and when such a situation arises.

This is with regards to your plan of action.

However, it's also pertinent that you protect the candidate's interests - else, frankly, it would only amount to 'using' him for your benefit. This is where my query [1] mentioned above comes into the picture.

If he has worked there for a long time, then he would surely need the letters as a part of his career track record. You will need to figure out how to handle it. But, in case he worked there for only a few months - then maybe he can skip that experience altogether.

Hope you get the point.

All the best.

Regards,

TS

Dear Jyoti Narwal,

I would like to add one more thing to it. If the candidate has the latest salary slips from the current employer, then it will tell you the total work experience of the candidate. It will help the candidate also in the future to show his work experience, as the current employer is not giving an experience or relieving letter. You can attach a printout of his resignation letter (which the candidate sent to his current employer) with the salary slip for your record.

Hello Jyoti,

I hope you have backup candidates if the candidate doesn't join your company. I think he might have received a raise from his current organization or something similar. If you are okay with hiring him without an Experience Letter, you can ask him to join without the documents. But what does he mean by "Other related documents".. I hope it's not the original documents. If nothing works, start the process again!!

Happy Recruiting !!